A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant is a person engaging in driving of C Cost Star Vehicles;

On April 11, 2015, at around 20:10, the Defendant, while driving the said vehicle under the influence of alcohol concentration of 0.220%, driven the 1570-way-ro 1570-way-ro, Soon-do, Gecheon-gun, Gecheon-gun, Gecheon-gun, Gecheon-gun, Gecheon-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to thoroughly implement the duty of care on the front side and to prevent accidents by properly manipulating the steering direction and brakes.

Nevertheless, the Defendant, under the influence of alcohol, failed to perform the above duty of care while driving while normal driving is difficult, and the part of the rear wheels of the bicycle driven by the victim D (year 74) in the front direction of the Defendant’s driving conflict with the front direction of the Defendant’s driving, resulting in the Defendant’s death from the Socheon Health and Medical Service Center located in Gyeonggi-gun, Gyeonggi-do, Seoul Special Metropolitan City on April 11, 2015.

2. On the date and time set forth in paragraph (1), the Defendant driven the said Loneex vehicle under the influence of alcohol concentration of 0.220% without obtaining a driver’s license from the main station in the Gyeonggi-gun, the Gyeonggi-do, Seoul Special Metropolitan City, to the location of the accident set forth in paragraphs (1) through (2).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Investigation report (examination report on driving without a license and report);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of death or injury caused by dangerous driving), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the same Act concerning the crime.